S 8054 NY

0likes☆Favorite🔕SubscribeShare

Skip to main content

New York State Assembly Speaker Carl E. Heastie

--> --> -->

Assembly Members

Legislative Info

Public Hearings

Speaker's Press

Assembly Reports

Committees & More

Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page.

Bill No.: Summary Actions Committee&nbspVotes Floor&nbspVotes Memo Text LFIN Chamber&nbspVideo/Transcript S08054 Summary: BILL NO S08054B &nbsp SAME AS SAME AS A08232-B

&nbsp SPONSOR BASKIN &nbsp COSPNSR HARCKHAM, JACKSON &nbsp MLTSPNSR &nbsp Amd §3502, Pub Health L &nbsp Expands the use of body scanners to facilities operated by the office of mental health and the office for people with developmental disabilities; establishes alternative methods of screening.

Go to top S08054 Text:

STATE OF NEW YORK ________________________________________________________________________

8054--B

2025-2026 Regular Sessions

IN SENATE

May 15, 2025 ___________

Introduced by Sens. BASKIN, HARCKHAM, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health law, in relation to body scanners in state-operated facilities

The People of the State of New York, represented in Senate and Assem- bly, do enact as follows:

1 Section 1. Subparagraphs (ii) and (iii) of paragraph (a), subpara- 2 graphs (i) and (iii) of paragraph (c), paragraph (e) and the opening 3 paragraph and subparagraph (ii) of paragraph (f) of subdivision 6 of 4 section 3502 of the public health law, as amended by section 1 of part 5 LL of chapter 56 of the laws of 2023, are amended to read as follows: 6 (ii) Notwithstanding the provisions of this section or any other 7 provision of law, rule or regulation to the contrary, licensed practi- 8 tioners, persons licensed under this article and unlicensed personnel 9 employed at a state correctional facility , a secure treatment facility 10 operated by the office of mental health or the office for people with 11 developmental disabilities as defined in subdivision (o) of section 12 10.03 of the mental hygiene law, or a forensic psychiatric center as 13 referenced in section 7.17 of the mental hygiene law may, in a manner 14 permitted by the regulations promulgated pursuant to this subdivision, 15 utilize body imaging scanning equipment that applies ionizing radiation 16 to humans for purposes of screening individuals detained in, committed 17 to, visiting, or employed in such facility, in connection with the 18 implementation of such facility's security program. 19 (iii) The utilization of such body imaging scanning equipment shall be 20 in accordance with regulations promulgated by the department, or for 21 local correctional facilities in cities having a population of two 22 million or more, such utilization shall be in accordance with regu- 23 lations promulgated by the New York city department of health and mental

EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11801-05-6

S. 8054--B 2

1 hygiene. The state commission of correction, in consultation with the 2 department of corrections and community supervision, shall promulgate 3 regulations establishing when body imaging scanning equipment will be 4 used to screen visitors and incarcerated individuals in state correc- 5 tional facilities. The office of mental health and the office for people 6 with developmental disabilities shall promulgate regulations establish- 7 ing when body scanning equipment will be used to screen visitors and 8 clients in secure treatment facilities as defined in subdivision (o) of 9 section 10.03 of the mental hygiene law and forensic psychiatric centers 10 as referenced in section 7.17 of the mental hygiene law operated by such 11 agencies. Such regulations shall include provisions establishing that 12 alternative methods of screening may be used to accommodate individuals 13 who decline or are unable to be screened by body imaging scanning equip- 14 ment for medical reasons and that alternative methods of screening may 15 be used to accommodate individuals who decline to be screened for other 16 reasons, unless security considerations warrant otherwise. Such regu- 17 lations shall also ensure that no person shall be subjected to any form 18 of harassment, intimidation, or disciplinary action for choosing to be 19 searched by an alternative method of screening in lieu of body imaging 20 scanning. 21 The department of corrections and community supervision shall promul- 22 gate regulations establishing when body imaging scanning equipment will 23 be used to screen employees of the department of corrections and commu- 24 nity supervision, provided, however that such regulations shall be 25 consistent with the policies and procedures of the department of 26 corrections and community supervision governing the search of employees. 27 Such regulations shall include provisions establishing that alternative 28 methods of screening may be used to accommodate individuals who decline 29 or are unable to be screened by body imaging scanning equipment for 30 medical or other reasons. Such regulations shall also ensure that no 31 person shall be subjected to any form of harassment, intimidation, or 32 disciplinary action for choosing to be searched by an alternative method 33 of screening in lieu of body imaging scanning. An employee's request to 34 be searched by an alternative method of screening in lieu of body imag- 35 ing scanning shall not, in itself, be grounds for disciplinary action 36 against such employee. 37 The office of mental health and the office for people with develop- 38 mental disabilities shall promulgate regulations establishing when body 39 imaging scanning equipment will be used to screen employees, provided, 40 however that such regulations shall be consistent with the policies and 41 procedures of the office of mental health and the office for people with 42 developmental disabilities governing the search of employees. Such 43 regulations shall include provisions establishing that alternative meth- 44 ods of screening may be used to accommodate individuals who decline or 45 are unable to be screened by body imaging scanning equipment for medical 46 or other reasons. Such regulations shall also ensure that no person 47 shall be subjected to any form of harassment, intimidation, or discipli- 48 nary action for choosing to be searched by an alternative method of 49 screening in lieu of body imaging scanning. An employee's request to be 50 searched by an alternative method of screening in lieu of body imaging 51 scanning shall not, in itself, be grounds for disciplinary action 52 against such employee. 53 (i) A requirement that prior to operating body imaging scanning equip- 54 ment, unlicensed personnel employed at state or local correctional 55 facilities or the office of mental health and the office for people with 56 developmental disabilities authorized to use such equipment shall have

S. 8054--B 3

1 successfully completed a training course approved by the department or 2 office , or for local correctional facilities in cities of two million or 3 more, approved by the New York city department of health and mental 4 hygiene, and that such personnel receive additional training on an annu- 5 al basis; 6 (iii) Registration with the department or office of each body imaging 7 scanning machine purchased or installed at a state or local correctional 8 facility or state-operated facility operated by the office of mental 9 health and the office for people with developmental disabilities ; 10 (e) For the purposes of this subdivision: 11 (i) "Local correctional facility" shall have the same meaning as found 12 in subdivision sixteen of section two of the correction law. 13 (ii) "State correctional facility" shall mean a "correctional facili- 14 ty" as defined in subdivision four of section two of the correction law. 15 (iii) "State-operated facilities" shall mean any secure treatment 16 facility operated by the state pursuant to subdivision (o) of section 17 10.03 of the mental hygiene law and any forensic psychiatric center as 18 referenced in section 7.17 of the mental hygiene law. 19 Any local government agency that utilizes body imaging scanning equip- 20 ment in a local correctional facility under its jurisdiction shall 21 submit an annual report to the department, the speaker of the assembly, 22 and the temporary president of the senate. If body imaging scanning 23 equipment is utilized in one or more state correctional facilities, the 24 department of corrections and community supervision shall submit an 25 annual report to the department, the speaker of the assembly, and the 26 temporary president of the senate. If body imaging scanning equipment is 27 utilized in one or more state-operated facilities by the office of 28 mental health and the office for people with developmental disabilities, 29 such office shall submit an annual report to the department, the speaker 30 of the assembly, and the temporary president of the senate. Such report 31 by either the local government agency or the department of corrections 32 and community supervision , the office of mental health and the office 33 for people with developmental disabilities shall be submitted within 34 eighteen months after the initial date of registration of such equipment 35 with the department, and annually thereafter, and shall contain the 36 following information as to each such facility: 37 (ii) For state correctional facilities , state-operated facilities 38 operated by the office of mental health and the office for people with 39 developmental disabilities , the number of times the equipment was used 40 on individuals detained in, committed to, working in, or visiting the 41 facility upon intake, before work shift, after work shift, before 42 visits, after visits, and upon the suspicion of contraband, as well as 43 any other event that triggers the use of such equipment, and the aver- 44 age, median, and highest number of times the equipment was used on any 45 individual detained in, committed to, working in, or visiting the facil- 46 ity, with corresponding exposure levels. 47 § 2. This act shall take effect on the one hundred twentieth day after 48 it shall have become a law; provided, however, that the amendments to 49 subdivision 6 of section 3502 of the public health law made by section 50 one of this act shall not affect the repeal of such subdivision and 51 shall be deemed repealed therewith. Effective immediately, the addition, 52 amendment and/or repeal of any rule or regulation necessary for the 53 implementation of this act on its effective date are authorized to be 54 made and completed on or before such effective date.

Go to top

Sitemap

Request Information

Directions and Maps